Hialeah Probate Attorney: Formal Administration, Summary Administration
Attorney Yanitza Schoonover handles every stage of Hialeah probate personally. Written fee quote before any work begins. Probate cost transparency. Bilingual English and Spanish. Florida Bar #124081.
Hialeah Probate Attorney Serving Miami-Dade County Families
When a family member passes away with assets still titled in their name, those assets must pass through Florida probate court before anyone can sell, transfer, or access them. For Hialeah families, that means filing a probate petition with the Miami-Dade Circuit Court, Probate Division, and navigating a process that can take months or longer depending on the size and complexity of the estate.
Attorney Yanitza Schoonover handles formal administration and summary administration for Hialeah and Miami-Dade County families from her office on Waterford District Drive in Miami, minutes from Hialeah. She handles every probate matter personally, provides bilingual representation in English and Spanish, and provides a written fee quote before any legal work begins.
A personal representative named in a will who is not sure what comes next. A beneficiary waiting on an inherited Hialeah property. A family member trying to understand whether the estate qualifies for summary or formal administration. This page answers all three situations.
4-8 Week: Summary Administration
Available for estates under $75,000 or when the decedent has been dead more than 2 years. Fastest and least expensive option.
9-24 Months: Formal Administration
Required for estates over $75,000 within 2 years of death. Typical Miami-Dade Circuit Court timeline for uncontested estates.
Probate Cost on $350K Hialeah Home
Florida's 3% statutory attorney fee on a $350,000 estate under F.S. 733.6171: before court costs or publication fees.
Surprise Billing
Written fee quote before any work begins. No competing Hialeah probate firm offers this upfront commitment.
How Much Does Probate Cost? Florida's Statutory Fee Schedule
This is the question most Hialeah families ask first, and none of the probate firms currently serving Hialeah answer it with specific numbers. Here is what Florida law actually requires.
Under Florida Statutes Section 733.6171, the statutory attorney fee for a Florida probate proceeding is based on the gross value of the probate estate. These fees are not negotiated. They are set by law and apply regardless of how simple or complex the estate is.
Florida probate costs are not negotiable for the attorney portion. Under Florida Statutes Section 733.6171, attorneys in a Florida probate proceeding are entitled to statutory fees based on the gross value of the probate estate. These fees apply regardless of how straightforward the estate is.
| Estate Value | Statutory Attorney Fee Under F.S. 733.6171 |
|---|---|
| First $40,000 | $1,500 flat (not a percentage) |
| $40,001 to $70,000 | $2,250 |
| $70,001 to $100,000 | $3,000 |
| $100,001 to $1,000,000 | 3% of the estate value |
| $1,000,001 to $3,000,000 | 2.5% of the amount above $1 million |
| Above $3,000,000 | 2% of the amount above $3 million |
For a Hialeah home worth $350,000 titled solely in the decedent’s name, the statutory attorney fee alone is $10,500 before the family receives a single dollar. Court filing fees, publication costs, and other estate administration expenses add to that total. This is why so many Hialeah families choose to plan in advance with a revocable living trust and Lady Bird Deed, which transfer assets at death outside of probate entirely and eliminate these costs.
How Long Does Probate Take? Timelines for Hialeah Estates
The answer depends on which type of probate proceeding applies to the estate. This is another question the three competing Hialeah probate firms do not answer with specific timelines.
Summary Administration
Available when the total value of the probate estate does not exceed $75,000, or when the decedent has been dead for more than two years. No personal representative is appointed. The court reviews the petition and issues an order directing distribution of assets directly to the beneficiaries.
Most uncomplicated summary administrations in Miami-Dade Circuit Court resolve within 4 to 8 weeks. It is the faster and significantly less expensive option when the estate qualifies.
Formal Administration
Required when the probate estate exceeds $75,000 and the decedent has not been dead for more than two years. Involves appointing a personal representative, obtaining letters of administration from Miami-Dade Circuit Court, publishing a notice to creditors, conducting an estate inventory, paying valid creditor claims, and distributing the remaining estate to beneficiaries.
Hialeah families in a formal administration should expect at minimum a 9-month process. Working with a Hialeah probate attorney who knows Miami-Dade Probate Court procedures from the start reduces the risk of delays caused by incorrect filings or missed deadlines.
Do I Need a Probate Attorney? When Hialeah Families Need Legal Representation
This is one of the most common questions families ask before making any decision. The honest answer depends on the type of estate and how it is structured.
You likely need a Hialeah probate attorney if:
- The estate requires formal administration. Florida Probate Rule 5.030 requires attorney representation in formal administration when the personal representative is not the sole interested party — covering the vast majority of cases.
- There is no will. Intestate estates require locating all heirs at law, distributing under Florida Statutes Chapter 732, and filing specific accountings. Missing any step creates personal liability.
- The estate includes real property in Miami-Dade County. Any defect in the transfer process creates title problems that persist for years.
- There are creditor claims or disputes between beneficiaries. Any contested issue escalates complexity and almost always requires legal representation to protect the personal representative from personal liability.
You may not need an attorney if:
- The estate qualifies for summary administration and the assets are straightforward. Even then, the petition must meet Florida formatting requirements, and Miami-Dade Probate Court routinely rejects incorrectly filed petitions.
A free initial consultation with Attorney Schoonover covers which type of proceeding applies to the Hialeah estate, what the process requires, and what representation will cost before any work begins.
Personal Representative Duties Under Florida Law
If you have been named personal representative in a will or appointed by the Miami-Dade Probate Court for a Hialeah estate, you have accepted fiduciary duties to the estate, its beneficiaries, and its creditors. Failing these duties can result in personal liability.
File the original will with the Miami-Dade Circuit Court
Petition for formal administration without unreasonable delay after the decedent's death.
Obtain letters of administration
The court-issued document authorizing you to act on behalf of the estate, access financial accounts, and manage estate assets.
Publish a notice to creditors
In a qualifying Miami-Dade County newspaper for two consecutive weeks. Provide direct notice to all known creditors of the probate proceeding.
Conduct a full estate inventory
Identify and value all probate assets as of the date of the decedent's death and file that inventory with the probate court.
Pay valid creditor claims
Pay estate expenses in the statutory order of priority established by Florida law before distributing anything to beneficiaries.
A personal representative who fails these fiduciary duties can be held personally liable for losses to the estate. Attorney Schoonover advises Hialeah personal representatives through every stage of this process, from the day they are appointed through the final petition for discharge.
- Super Lawyers Rising Stars 2021 through 2026
- 2024 Elite Lawyer Award
- Florida Bar #124081, admitted September 2016
Why Choose The Schoonover Law Firm for Probate in Miami?
Yanitza Schoonover is a Florida Bar licensed probate attorney based in Miami with 13 years of Florida estate law experience. She holds Florida Bar number 124081 with active good standing status and handles every probate matter for Miami-Dade County families personally, from the initial petition through the final distribution and petition for discharge.
Miami probate requires more than filing paperwork. The Florida statutory fee schedule under F.S. 733.6171, Miami-Dade Circuit Court’s specific probate procedures, the notice to creditors publication requirements, and the distinct rules governing out-of-state heirs and ancillary probate demand an attorney who knows this court, handles every filing without delegation, and provides a written fee quote before any work begins.
Every probate filing, every court interaction, and every client communication handled personally by Attorney Schoonover.
Years in Estate Law
Years Licensed
Consecutive Rising Stars
Weekly Availability
Why Hialeah Families Choose The Schoonover Law Firm for Probate
Three firms currently rank for Hialeah probate attorney searches, and each has a significant limitation. Niebla Probate Firm provides no probate cost numbers and no written fee commitments. Arianna Mendez Law handles probate as one of six practice areas alongside civil litigation, business law, and appeals. Alain Roman’s Hialeah page was last updated in 2019 and contains no probate cost or timeline specifics.
Written Quote Before Any Work Begins
No competing Hialeah probate firm offers this. You know exactly what representation will cost before committing to any legal work.
Probate Cost and Timeline Transparency
The only Hialeah probate firm that states the actual Florida statutory fee schedule with Hialeah-specific dollar examples and the real timeline difference between summary and formal administration.
Direct Attorney Representation
Attorney Schoonover handles every probate filing, every court interaction, and every client communication personally.
Bilingual Probate in English and Spanish
Full probate representation in both languages for Hialeah's large Cuban-American and Latin American community. Hablamos Español.
Extended Availability Beyond 9 to 5
In-person Mon–Fri before 5 PM. Evening and weekend consultations by phone or Zoom only, Mon–Sun 8 AM to 9 PM.
Estate Planning to Prevent Future Probate
Revocable living trusts and Lady Bird Deeds eliminate probate entirely for most families. If you are in probate now, she can help plan to avoid it for the next generation.
Hialeah Probate Questions from Miami-Dade Families
The four most common questions Hialeah families ask before their first probate consultation, answered with specific Florida law and Hialeah-specific numbers.
How long does probate take in Hialeah, Florida?
Summary administration, available when the estate is 5,000 or less or the decedent has been dead more than two years, typically resolves in 4 to 8 weeks in Miami-Dade Circuit Court. Formal administration typically takes 9 to 24 months. Contested cases involving will disputes, missing heirs, or creditor conflicts take longer. The responsiveness of the personal representative and the completeness of the initial filings are the most controllable factors in how quickly an uncontested Hialeah estate closes.
How much does probate cost in Hialeah?
Florida law sets the attorney fee for probate under Florida Statutes Section 733.6171. For estates between 00,000 and ,000,000, the fee is 3% of the gross probate estate value. For a 50,000 Hialeah home, that is 0,500 in statutory attorney fees alone before any court costs or publication fees. Estates under 00,000 have lower flat fee tiers. The Schoonover Law Firm provides a written fee quote before any work begins so Hialeah families know the full cost upfront.
Do I need a probate attorney if I was named executor of a Hialeah estate?
In Florida, the person named in a will is called the personal representative, not the executor. If you are serving as personal representative in a formal administration and you are not the sole interested party, Florida Probate Rule 5.030 requires you to have attorney representation. Even in summary administration, the petition must meet specific Florida formatting requirements and Miami-Dade Probate Court routinely rejects improperly filed petitions. A free initial consultation with Attorney Schoonover covers whether your situation requires formal or summary administration and what representation will cost.
Does The Schoonover Law Firm handle Hialeah probate in Spanish?
Yes. Attorney Schoonover provides full probate representation in both English and Spanish. Every consultation, every document review, and every client update can be conducted in Spanish for Hialeah families who prefer it. Hablamos Español. Call (305) 299-7496 or email info@estateplanningattorney.us to schedule a free probate consultation.
Free Probate Attorney Consultation: Hialeah and Miami-Dade County
Whether you are a personal representative who has just been named in a will, a beneficiary waiting on an inherited property, or a family member trying to understand whether the estate qualifies for summary or formal administration, the right first step is a free consultation to understand exactly what Florida probate requires for the Hialeah estate.
Attorney Schoonover also drafts revocable living trusts and Lady Bird Deeds that eliminate the need for probate entirely for most families. If you are in probate now and want to avoid it for the next generation, she can help with that too.
Start With a Free Consultation
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Email info@estateplanningattorney.us
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Schedule a Free Consultation at estateplanningattorney.us
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In-person meetings by appointment only.
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English and Spanish, Hablamos Español
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Flat fee for estate planning, fee quote provided before any work begins
